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Category Archives: Government

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New Jersey Update: What Phil Murphy’s Election Could Mean for Employers and Employees

Posted in Discrimination, Employee Leave Management, Government, Medical Marijuana, Minimum Wage, New Jersey Law, Wage & Hour
Yesterday, Democrat Phil Murphy won the race for New Jersey governor, easily defeating Republican Kim Guadagno. Democrats also retained their majorities in both the state Senate and Assembly.  When Murphy is sworn in next January, he will have the opportunity to change laws impacting the workplace.  Here are some areas for employers and employees in… Continue Reading

Feats of Strength: EEOC sues CSX for Employee Strength Tests as Gender Discrimination Under Title VII

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Government, Hiring, Title VII of the Civil Rights Act, Workplace Policies
The EEOC recently filed suit against CSX Transportation, Inc. (“CSX”) in Federal Court in West Virginia, on behalf of a nationwide class of female employees.[1]  In the suit, the EEOC alleges that CSX’s policy of requiring employees and job applicants to pass certain physical strength tests in order to be eligible for certain positions has… Continue Reading

Wage and Hour/FLSA Update – DOL’s White-Collar Salary Threshold Struck Down (Again)

Posted in Fair Labor Standards Act, Government, Wage & Hour
On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor Standards Act (“FLSA”), to over $47,000 per year.  In fact, this is the second time that the Eastern District… Continue Reading

Immigration Visa Update: USCIS Resumes Premium Processing for Cap-Exempt H-1B Visas

Posted in Government, H-1B, Hiring, Immigration
In a July 24, 2017 news release, U.S. Citizenship and Immigration Services (“USCIS”) announced an immediate resumption of Premium Processing for certain cap-exempt H-1B (Temporary Worker) Visa petitioners, including: institutions of higher education; nonprofits related to or affiliated with an institution of higher education; or nonprofit research or governmental research organizations. Premium Processing will also… Continue Reading

Senate Kills Federal Contractor Work Safety Rule

Posted in General Labor and Employment News and Updates, Government
On March 6, 2017, the Senate voted 49-48 to eliminate President Barack Obama’s Fair Pay and Safe Workplaces rule through the Congressional Review Act (CRA). The Fair Pay and Safe Workplaces rule was finalized in August 2016 by the U.S. Department of Labor, but subsequently blocked by court order in October 2016.… Continue Reading

Predicting the Unpredictable — Labor and Employment Law Under President-Elect Trump

Posted in Equal Employment Opportunity Commission, Government, NLRB
It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential developments that employers can expect in the areas of labor and employment law during the Trump administration.  Of course, our readers should… Continue Reading

New Burdensome Federal Contracting Requirements

Posted in Government, Workplace Policies
On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which—for the first time—requires large federal contractors to disclose prior labor law violations, designate a Labor Compliance Advisor, and disclose wage and hour information to its workers. The provisions of the Executive Order take aim at federal contracts with a… Continue Reading

House GOP Leadership Signals Support for Mandatory Employment Verification and More Visas for Skilled Workers

Posted in Government, Immigration
U.S. employers should take note of the House GOP’s announcement on January 30, 2014, because it could signal a move towards mandatory participation in E-Verify and an increase in the number of visas available to foreign workers. Specifically, House leaders announced their support for stronger employment verification and workplace enforcement as well as an increase… Continue Reading

Government Shutdown: How Does It Affect Your Pending Labor and Employment Matters?

Posted in Government
A stalemate in Congress has caused the federal government to shutdown as of October 1, 2013.  As a result, various federal agencies that enforce labor and employment laws are shutdown or operating in a very limited capacity.  For many, the shutdown and its attendant effects will include such things as the tolling of filing deadlines,… Continue Reading